(10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
Sec. 24A-15. The precinct return printed by the automatic tabulating
equipment shall include the number of ballots cast
and votes cast for each candidate and proposition and shall constitute the
official return of each precinct. In addition to the precinct return, the
election authority shall provide the number of applications for ballots
in each precinct, the write-in votes, the total number of ballots counted in
each precinct for each political subdivision and district and the number
of registered voters in each precinct. However, the election authority
shall check the totals shown by the precinct return and, if there is an
obvious discrepancy with respect to the total number of votes cast in any
precinct, shall have the ballots for such precinct retabulated to correct
the return. The procedures for retabulation shall apply prior to and
after the proclamation is completed; however, after the proclamation of
results, the election authority must obtain a court order to unseal voted
ballots except for election contests and discovery recounts.
In those election jurisdictions that utilize in-precinct counting
equipment, the certificate of results, which has been prepared by the
judges of election after the ballots have been
tabulated, shall be the document used for the canvass of votes for such
precinct. Whenever a discrepancy exists during the canvass of votes
between the unofficial results and the certificate of results, or whenever
a discrepancy exists during the canvass of votes between the certificate of
results and the set of totals which has been affixed to such certificate of
results, the ballots for such precinct shall be retabulated to correct the
return. As an additional part of this check prior to the proclamation, in
those jurisdictions where in-precinct counting equipment is utilized, the
election authority shall retabulate the total number of votes cast in 5% of
the precincts within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be
retabulated shall be selected after election day on a random basis by the
State Board of Elections, so that every precinct in the election jurisdiction and every voting device used in early voting has
an equal mathematical chance of being selected. The State Board of
Elections shall design a standard and scientific random method of selecting
the precincts and voting devices which are to be retabulated. The State central committee chair
of each established political party shall be given prior written notice of the time and place of
such random selection procedure and may be represented at such procedure.
Such retabulation shall consist of counting the ballot cards which were
originally counted and shall not involve any determination as to which
ballot cards were, in fact, properly counted. The ballots from the
precincts selected for such retabulation shall remain at all times under
the custody and control of the election authority and shall be transported
and retabulated by the designated staff of the election authority.
As part of such retabulation, the election authority shall test the
computer program in the selected precincts and on the selected early voting devices. Such test
shall be conducted by processing a preaudited group of ballots so punched
so as to record a predetermined number of valid votes for each candidate
and on each public question, and shall include for each office one or more
ballots which have votes in excess of the number allowed by law in order
to test the ability of the equipment to reject such votes. If any error
is detected, the cause therefor shall be ascertained and corrected and an
errorless count shall be made prior to the official canvass and proclamation
of election results.
The State Board of Elections, the State's Attorney and other appropriate
law enforcement agencies, the county chair of each established political
party and qualified civic organizations shall be given prior written notice
of the time and place of such retabulation and may be represented at such
retabulation.
The results of this retabulation shall be treated in the same manner and
have the same effect as the results of the discovery procedures set forth
in Section 22-9.1 of this Act. Upon completion of the retabulation, the
election authority shall print a comparison of the results of the
retabulation with the original precinct return printed by the automatic
tabulating equipment. Such comparison shall be done for each precinct and for each early voting device selected for testing and
for each office voted upon within that precinct or on that voting device, and the comparisons shall
be open to the public.
(Source: P.A. 100-1027, eff. 1-1-19.)
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